The owner of a large dilapidated structure in downtown Winder was a no-show in Winder Municipal Court last Friday and is facing additional fines — and potential arrest — if he doesn’t take quick action.

Municipal Court clerk Megan Williams on Monday issued a “Failure to Appear” notice to Phillip Peskin, who resides in Atlanta and owns the Peskin building at 21 E. Athens St. The three-story building has been vacant for more than two decades and has become a fire hazard.

The notice states that the court has added a $100 failure to appear fee to Peskin’s $634 nuisance citation. It gives him until 5 p.m. May 10 to schedule a new court date and to post a bond for $734.

“If you fail to appear on the new date the bond money that you posted will be forfeited,” the notice states.

The letter also states that if Peskin does not take action by the deadline, a bench warrant could be issued for his arrest and his Georgia driver’s license could be suspended.

Williams told the Barrow Journal on Tuesday that it is the court’s regular procedure to tack on a second $100 fee when a bench warrant is issued.

The Peskin building has been an eyesore for years but city officials tolerated it until a nearby fire last summer grabbed the attention of the fire chief, who ordered an inspection. That inspection uncovered dismal conditions and also a fire hazard where the roof of an adjacent building abuts one of the Peskin building’s windows.

City building inspector Wayne Holcombe requested that Peskin submit a written plan to correct the problems. When that plan did not arrive, Holcombe conducted a follow-up inspection on Aug. 16 and six days later wrote Peskin again to ask for immediate attention to the problems: multiple broken windows and missing windows; roof in disrepair; floors rotting due to water damage; and dead and decaying animals and feces on the top floor of the building. He gave Peskin until the end of November 2012 to make the repairs.

When the city’s request went unheeded, the Winder Police Department’s code enforcement officer, Joey Lovinggood, on March 22 issued Peskin a nuisance citation. The court date was set for April 26, but Peskin did not attend.

City administrator Don Toms told the Barrow Journal that if Peskin does not make the needed repairs, he is not sure what the city would do about the building.

He said it is in such bad shape that it likely would not make sense for a businessman to buy it and invest the amount of money that would be needed it to be able to lease out space. Downtown rents for the most part are very low.

Toms said the city also doesn’t want the building, even to demolish it.

“Look at how much that would cost us, after what just happened with the Granite Hotel,” Toms said.

The city spent about $418,000 to purchase and to later demolish the century-old hotel that sometime in the future is to be turned into a small, downtown park at the corner of West Athens and North Broad streets.

Toms said the city government doesn’t have another $200,000 to spend on demolishing another building.

I agree, he needs to face the law, but what will it cost us to put him in jail? Will the sheriff take a man in terrible health into the jail for a city violation? I want him punished but I dont want to break the bank by spending hundreds of thousands to save tens of thousands. The city needs to tear it down and put a lean on the property to get some of it back.

I don't care. Lock him up. He will get good care in jail. This is not the first notice he has gotten. Are we scared of a 80 year old man that is sick. Big whooooop. Go get him. He can sure pay someone to handle it for him. NO MORE EXCUSES.

This should have been handled years ago. The fact that he is 80 years old is of no concern of mine. He has been thumbing his nose at Winder with that building for years. His plan has been to make money off of it by doing nothing and having the Winder taxpayers buy the building. No more of this crap. Past Winder officials let him have a pass. Glad Maynard, Chief Dorsey and others are drawing a line. No more favoritism. Why is this guy above the law?

I agree, it's been ignored long enough. He caused us to loose the Granite Hotel already. Hold him responsible for not taking care of his properties. By the way, we are not a "hick town". How about taking a little more pride in our hometown and Winder's law enforcement. Making statements like GOB, GOOD OLE BOYS, OR HICKTOWN isn't showing good morale for this town. After all atleast they're getting something unlike in the past times.

There's a great story hear just no one with enough local knowledge to begin to tell the history of this building and others owned by Mr Peskin, or his department store or his many contribution to this community, or his employees and how successful they and their children became. Just outrage at the outcome without understanding of how we got here. Our community deserves a complete historical account of the situation we find ourselves in and how not to duplicate this in the future. Negative value for Realestate is a new concept we must address. Over zealous regulation and delaying the inevitable have not worked so far. Lets solve the problem and go on.

who gets sued when the building falls down and someone is seriously injured or killed ? sue him and get an attachment on ALL the family property, then tear it down.

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